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Dear Client,
An Non-Cognizable Report(NCR) is a complaint registered with the police for an offence that is non-cognizable and minor in nature, e.g, Public Nuisance (Sec 283, BNS), Defamation (Sec 356, BNS), Verbal Threat (Sec 351, BNS), Simple Hurt (Minor Injury), Slapping with No Medical Injury etc. The police cannot arrest the accused or initiate an investigation without prior approval from a Magistrate. Typically, NCRs are stored in police records and may be used later as evidence as a history of repeated conduct. While an NCR itself does not expire, a court's power to take "cognizance" or to formally recognize and take up a case is subject to law of limitations prescribed under Section 514, BNSS and depends on the potential punishment for the offense. However, court can extend the limitation period if a satisfactory and genuine reason is given for the delay, and the extension is necessary to meet the ends of justice. If the complainant is not satisfied, they can file an application under Section 190 of BNSS before the Magistrate who is empowered to issue summons to the accused under Section 204 BNSS or to convert an NCR into private complaint under Section 208, BNSS. Since police cannot investigate an NCR without court permission, a key remedy is for the accused to have their lawyer challenge the complaint in court. The accused has the right to challenge any subsequent FIR, which could be filed if the complainant escalates the case or if the police are ordered to investigate. If a bailable warrant is issued, the accused can be released upon furnishing a bond with sureties to the authorized officer. The accused can file an application in the court praying for quashing of the NCR if it was filed improperly or if the complaint is false and can also challenge the complaint in court, which can lead to the case being dismissed. Hence, it is recommended to consult with an Advocate specialising in criminal cases to navigate the matter effectively.
Posted On 25-Oct-2025
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